California Land Use & Development Law Report
California Land Use & Development Law Report
California Land Use & Development Law Report offers insights into legal issues relating to development and use of land and federal, state and local permitting and approval processes. View posts by topic. Subscribe 🡢
Bond Properly Required for Challenge to Affordable Housing
A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court's order requiring it to post a bond. The Court of Appeal rejected plaintiff's contentions on the merits and held that the plaintiff was properly required to post a bond because it was delaying an affordable housing project. Save Livermore Downtown v.
Court of Appeal Upholds Most of EIR for New A’s Stadium
The First District Court of Appeal largely upheld the City of Oakland's EIR and CEQA findings for the Oakland A's proposed new baseball stadium and surrounding mixed-use development, with the exception of one mitigation measure that was improperly deferred. East Oakland Stadium Alliance v. City of Oakland, 89 Cal.App.5th 1226 (2023).
Denial of Affordable Housing Project Violated Both Streamlining Statute and Housing Accountability Act
A trial court had jurisdiction to find that a denial of a permit application violated the Housing Accountability Act (HAA) on remand, even though the Court of Appeal did not expressly instruct the trial court to address the HAA issue. Ruegg & Ellsworth v. City of Berkeley, No. 2487258 (1st Dist., March 14, 2023).
Court Orders Refund of All Unexpended Fees in Landmark Mitigation Fee Act Case
A recent case involving developer Charles Keenan and the City of Palo Alto highlights the importance of strict compliance with Mitigation Fee Act's requirement that findings be made every five years concerning unexpended fees.
First District Invalidates EIR for UC Berkeley’s Student Housing Project at People’s Park for Failure to Analyze Alternative Locations and Noise Impacts
The First Appellate District held that the Regents of the University of California failed to comply with CEQA in certifying the project EIR for its student housing project at People's Park. Make UC a Good Neighbor v. Regents of University of Cal. (2023 WL 2205638, Feb. 24, 2023).
Eldercare Facility Properly Approved Under Class 32 Infill Exemption from CEQA
The Court of Appeal upheld the approval of an eldercare facility, rejecting claims that the project was inconsistent with the zoning code based on architectural incompatibility and interference with views and ineligible for the Class 32 categorical exemption. Pacific Palisades Residents Association, Inc. v. City of Los Angeles, 88 Cal. App. 5th 1338 (2023).
City Lacked Authority to Close Public Street for Installation of Marilyn Monroe Statue
The City of Palm Springs' three-year closure of a public street for installation of a statue was unlawful because the Vehicle Code permits only temporary closure of streets for parades or other short-term events, not multi-year closure for installation of semi-permanent structures. Committee to Relocate Marilyn v. City of Palm Springs, 88 Cal.App.5th 607 (2023).
No CEQA Review Required When Investor-Owned Public Utility Condemned Easement for Existing Transmission Lines
Southern California Edison Company (SCE), a privately-owned public utility, sought to condemn an easement across existing roads on private property in order to service its existing overhead transmission lines. It obtained an order of prejudgment possession, which the landowner challenged. The court held that SCE had the power to condemn, that it was not required to adopt a resolutio
33rd Annual Land Use and Development Law Briefing — Materials Available
Attorneys from Perkins Coie presented the 33rd Annual Land Use and Development Law Briefing on January 31, 2023.
Topics included:
CEQA Year in Review
The firm's annual publication, CEQA Year in Review, a summary of 2022 published decisions involving the California Environmental Quality Act, is now available.
Subway Construction Work Did Not Inversely Condemn Hotel Property
A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of the hotel and caused various problems, such as noise and dust, which interfered with the use and enjoyment of the property and resulted in monetary damages.
2022 Land Use and Development Law Case Summaries
CEQA Challenges to EIR’s Biological and Emergency Evacuation Analyses Rejected
A court of appeal has denied CEQA challenges to the EIR for an apartment project, holding that analysis of biological impacts need not be based on surveys conducted in the same year the city issued its notice of preparation of the EIR. Save North Petaluma River and Wetlands v. City of Petaluma, 86 Cal.App.5th 207 (2022).
EIR Invalidated for Failure to Analyze Potential Public Acquisition of Residentially Zoned Land
The EIR for a residential project has been struck down because its discussion of project alternatives did not analyze the possibility that public funds might be used to acquire the land for open space. Save the Hill Group v. City of Livermore, 76 Cal. App. 5th 1092 (2022).